Leavy v. Manhattan Delivery Co.

Appellate Terms of the Supreme Court of New York

Leavy v. Manhattan Delivery Co.

87 N.Y.S. 499

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 24, 1904

StatusPublished

This text of 87 N.Y.S. 499 (Leavy v. Manhattan Delivery Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leavy v. Manhattan Delivery Co., 87 N.Y.S. 499 (N.Y. Ct. App. 1904).

Pincite

Opinion

BLANCHARD, J.

This appeal presents for consideration only questions of fact. These were properly submitted to the jury upon the conflicting evidence, and appear to have been correctly determined, except in respect to the amount which the plaintiff was entitled to recover. There was no proof that the plaintiff expended for medical attendance, nursing, and medicine more than $390. The verdict was, however, for $415, and was therefore excessive to the. extent of $25. The objection, to this extent, should have been sustained. The judgment should be reduced from $545.79 to $520.79. The other exceptions do not present any error calling for reversal.

The judgment as reduced, and the order denying defendant’s motion for a new trial, should, be affirmed, without costs. All concur.

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BLANCHARD, J.

This appeal presents for consideration only questions of fact. These were properly submitted to the jury upon the conflicting evidence, and appear to have been correctly determined, except in respect to the amount which the plaintiff was entitled to recover. There was no proof that the plaintiff expended for medical attendance, nursing, and medicine more than $390. The verdict was, however, for $415, and was therefore excessive to the. extent of $25. The objection, to this extent, should have been sustained. The judgment should be reduced from $545.79 to $520.79. The other exceptions do not present any error calling for reversal.

The judgment as reduced, and the order denying defendant’s motion for a new trial, should, be affirmed, without costs. All concur.

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Bluebook (online)

87 N.Y.S. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leavy-v-manhattan-delivery-co-nyappterm-1904.